Upset with the rejection, Sibal claimed that never before in the history of India an impeachment motion has been dismissed at a preliminary stage. He said that Rajya Sabha chairman's order was illegal and passed without full-fledged enquiry.

Seven opposition parties led by the Congress had last week moved a notice before him for impeachment of the Chief Justice of India (CJI) on five grounds of “misbehaviour”. (File)

The Congress has decided to challenge Rajya Sabha chairman Venkaiah Naidu’s decision to reject the impeachment notice against Chief Justice of India Dipak Misra. Addressing a press conference after Naidu rejected the notice for lacking merit, senior Congress leader Kapil Sibal said, “We’ll certainly file a petition (in Supreme Court) against this and would want the CJI to not take any decision with respect to it, be it the listing or anything else, we;ll accept whatever SC decides.”

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Upset with the rejection, Sibal claimed that never before in the history of India an impeachment motion has been dismissed at a preliminary stage. He said that Rajya Sabha chairman’s order was illegal and passed without full-fledged enquiry.

Earlier in the day, Naidu rejected the unprecedented impeachment notice given by opposition parties led by the Congress against the CJI, saying it lacked substantial merit and that the allegations were neither “tenable nor admissible”. The vice president in his order held that that the allegations emerging from the present case have a serious tendency of “undermining” the independence of the judiciary.

Naidu based his decision on the opinion of top legal and constitutional experts, including former secretary generals of Lok Sabha and other legal luminaries with whom he held extensive consultations. He also held the views of top legal and constitutional experts, including former chief justices and judges, before taking the decision, sources said.

Seven opposition parties led by the Congress had last week moved a notice before him for impeachment of the Chief Justice of India (CJI) on five grounds of “misbehaviour”.